SATCHIDANANDA DUTT Vs. NRITYA NATH MITTER

JUDGEMENT

(1.) This is an appeal against a judgment of Mr. Justice Pearson by the defendant in a suit instituted by a broker for commission alleged to have been earned in respect of the lease of premises belonging to the defendant. On the 23 August 1918, the defendant Satchidananda Dutt gave a letter of authority to Gosthabehari Sana to negotiate the lease of the properties in question. On the strength of this letter, apparently, one Kirtichandra Dawn, on the 26th August 1918, intimated to Dutt through his solicitor that he was prepared to take the lease, provided the title was approved and the area of the land was not less than two bignas as had been assured by the agent. What followed on this has not transpired, but we find that on the 5 November 1918, Satchidananda Dutt granted another authority to Nrityanath Mitter to negotiate the lease of the properties on terms specified. The terms were as follows: 1. Lease for ninety-one years.

(2.) Selami Rs. 25,000 (twenty-five thousand) only.

(3.) Rent Rs. 312 (three hundred and twelve) monthly, for the first five years plus taxes: Rs. 455 (four hundred and fifty-five) plus taxes for the next five years and thereafter Rs. 600 (six hundred) monthly plus taxes for the remaining period.